Terms and conditions of sale

The Company SCEA Château Desmirail - Siret 388034134 - 28 avenue de la Vème République, 33460, Margaux-Cantenac - represented by its legally authorized representative (hereinafter referred to as the "Seller"), publishes and operates the website accessible at the URL shop.desmirail.com 

The Site is an online sales platform where a winemaker/chateau (the "Seller") markets its products. The Seller is a professional wine industry actor seeking a solution to offer its wines (the "Products") to individual buyers via the internet (the "Clients"). Internet users browsing the Site, Clients, and the Seller are hereinafter referred to as "Users". 

These General Terms and Conditions of Sale (the "GTC") govern the relationships between the Seller, and any individual of legal adult age in their country of residence placing an order on the Site (the "Client"). They apply to the sales of Products concluded between the Seller and the Client on the Site. The Products sold by the Seller are produced by them and are not intended for resale. 

In this context, it is reminded that the company Béret Noir & Direct Châteaux only acts as a simple technical intermediary; its role is limited to the technical maintenance of the site. 

Protection of Minors 

In accordance with Article L. 3342-1 of the Public Health Code stating that the sale of alcohol to minors is prohibited, account creation and ordering from Sellers are strictly reserved for adults aged 18 and over. 

Excessive alcohol consumption is dangerous for your health, please consume in moderation. 

Article 1 - CLIENTS 

1.1 - The wines (the "Product(s)") offered for sale on the Site are strictly reserved for "individuals" who are of legal adult age in their country of residence, possess full legal capacity in their country of residence to place orders on the Site, and have a valid delivery and billing address. The Products are not intended for use in advertising or communications. The Products are not intended for resale. 

IF YOU DO NOT MEET THESE CONDITIONS, YOU MUST LEAVE THIS SITE IMMEDIATELY. 

1.2 - Since the sale of alcohol is prohibited to individuals who are not of legal age to purchase or consume alcohol, the Client confirms they are of legal age to purchase or consume alcohol. The Client guarantees that the person receiving the delivery is of legal age to purchase or consume alcohol in their country. In accordance with the provisions of article L.3342-1 of the Public Health Code, the Seller reserves the right to request the Client to prove their identity and age.

Article 2 - ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE 2.1 - By placing an order, the Client acknowledges having read these GTC and agrees to be bound by them. 

2.2 – The GTC are subject to change at any time. The Client is bound by each modification and must therefore regularly visit this page to check the current version of the terms and conditions. 

2.3 - The Client has the option to print these GTC or to save them on their computer in PDF format. 

IF YOU DO NOT WISH TO BE BOUND BY THESE GTC, DO NOT PLACE ORDERS ON THIS SITE. 

Article 3 – RESPONSIBLE ALCOHOL CONSUMPTION 

The Client acknowledges that alcohol consumption should be moderate and responsible. The Seller commits to promoting moderate use of its products. Irresponsible consumption of alcohol can cause serious harm to health and society. For more information: http://www.responsibledrinking.org/ 

Article 4 - PRODUCTS 

4.1 - Product Descriptions 

Each Product offered on the Site is accompanied by a description that outlines its essential characteristics. The photographs or graphical representations used to illustrate the Products, whether standard or customized, are not contractual. The Seller must comply with French standards applicable to marketed products. The Seller may update its Products and packaging to comply with these standards, including the integration of mandatory logos and/or notices. 

4.2 - Product Availability 

Product offers are valid as long as inventory lasts. 

In case of unavailability, the Product will no longer be orderable on the Site. 

If a product is no longer available in the quantity ordered, the Seller will inform the Client to allow them to accept or refuse a reduction of their order. Without the Client's agreement to this reduction, the order will be automatically canceled and refunded as promptly as possible. 

Article 5 - ORDER 

5.1 Client Account Creation 

5.1.1 - The Client will have the option to create an account on the Site during their first order by filling out the provided form. This form includes "mandatory" information necessary for Client identification (title, first name, last name, date of birth, email address, and password), indicated by a star (*). The form also includes "optional" information that the Client is not required to complete to order from the Site (information not marked by a star).

It is noted that the password chosen by the Client is personal and confidential. It will allow them to identify themselves later on the Site. 

In case of a forgotten password, the Client can request a new one by clicking on the "Forgot Password" tab in the "My Account" section. 

The password is personal to the Client. It is the Client's responsibility to keep it confidential. The Client must ensure that no other person, especially someone not of legal age to purchase or consume alcohol, uses their username and password to buy alcoholic products. The Client is deemed capable of controlling access to the email address they have provided. It is their responsibility to ensure the confidentiality of their username and password and to assume responsibility for any damage resulting from unauthorized access to the Site due to or related to the disclosure of their username and/or password. 

The information provided in the form must be complete, accurate, and current. The Seller may, where appropriate, request the Client to confirm (by any means) the information they provide and their identity. 

Creating an account is limited to one account per person (same first name/last name and same household/postal address). Any attempt at fraud (using a false identity, truncated/modified spelling of name or surname, etc.) may result in the deletion of the account. 

5.1.2 – The Client also has the option to order without creating an account, by ordering as a guest. For this, only the information necessary to process their order must be provided. 

5.2 - Ordering Steps 

To order a product on the Site, the Client must follow these steps: 

The Client selects the Products they wish to order and adds them to the cart by clicking on "Add to Cart." 

They access their cart by clicking on "Cart." 

On the "Cart" page, the Client can: 

Add/remove items to/from their cart, 

Enter their PROMO CODE if they have one, 

View the summary of their cart, including applied promotions. 

To proceed to the next step, the Client must (i) accept the General Terms and Conditions of Sale provided via a hyperlink by clicking on the designated checkbox and (ii) click on "Validate my Cart." 

The Client is then asked to identify themselves, unless they are already logged in; if they already have a client account, they enter their email address (username) and password. If they do not have a client account, they either create a client account or order as a guest.

On their first order, the Client is redirected to the "Delivery Address" page to enter their delivery and/or billing address. Then they click on "Save Address." 

The Client is automatically directed to the "Delivery" page to define their delivery options. The Client has the option to change their delivery or billing address by clicking on "Edit" or "Add a new address." At this stage, the Client must also provide any necessary administrative documents for the proper processing of their order, particularly to clear customs in the destination country. 

To proceed to the next step, the Client must click on "Validate Delivery," which redirects them to a summary of the information they have provided. At this stage, the Client is informed that any error in the information provided may lead to the cancellation of their order. Once validated, the "Payment" page appears where the Client selects their payment method. 

To definitively confirm their order and pay, the Client clicks on "Confirm my order and pay." The Client is then redirected to the payment provider's transaction platform where they enter their bank details and confirm their payment. 

Once the Client has validated and paid for their order, (i) they are automatically redirected to a page on the Site where the Seller confirms 

Article 6 - PRICE AND PAYMENT TERMS 

6.1 - Price 

Prices of Products are indicated on the Site at the date of the order and are listed in the currency selected by the customer from among 21 currencies. When viewing the cart details, the Client has access to the price including taxes, duties, customs clearance, and delivery. 

6.2 - Billing 

A detailed invoice will be issued for each order and sent to the Client by email at the same time as the order shipment confirmation (or at the time of payment). 

6.3 - Payment Methods 

All credit card payments are made through a secure online payment system. The Client is the holder of the card used. The Client is automatically redirected to the payment institution's transaction platform. The entry of bank details is done via a 

secure server to ensure the security and confidentiality of the information provided by the Client during the bank transaction. 

An order confirmation is sent by email to the Client. The order placed is firm and definitive. The placement of the order constitutes full and complete acceptance of the General Terms and Conditions of Sale. The automatic registration systems of the Site are considered by the parties as proof of the nature, content, and date of the order. 

Regardless of the chosen payment method, the Seller reserves the right to refuse any

order or delivery in the event of (i) refusal of payment authorization by the banking institution or (ii) non-payment, in full or part, of a previous order by the Client. 

Article 7 - SHIPPING 

Products are delivered via the services of PELICAN AIR SERVICES, a simplified joint-stock company with a capital of 5,000 euros, registered at the RCS of Bergerac B 882 558 315, with its head office located at Local météo, airport of, 24100 Bergerac (hereafter "the Provider"). 

Shipments are mainly made in DDP (delivery duty paid), ensuring that the Client has no formalities to complete or additional costs to pay at delivery. 

The Provider handles the transport letter, administrative, and customs formalities with tracking until delivery. 

The Client benefits from a total price delivered to their home and the Provider settles the customs duties for the Client. The Client is informed by email or SMS of the delivery time. 

*Exceptions: 

Shipments to the four provinces of Canada are in DAP (delivery at place), the regulations of this country requiring the Client to directly settle the duties with the state services of each province. Information on the customs clearance process is provided. The delivery is ensured by the Provider and its partners up to the indicated address. 

Article 8 - DELIVERY 

8.1 - Delivery Methods, Rates, and Times 

Payment of the order triggers the removal of the goods from the producer's property by the Provider. 

The Provider monitors the entire journey of the goods and manages all situations (absence, information on the relay point, customs blockages, etc.) on behalf of the Seller and Client with great attention to ensure delivery under the best possible conditions. 

During a shipment, the customs service of the country or others may contact the Client by email. The Client should not respond to these emails. The Client has a contact email for all questions and information related to their goods: customers@pelicanairservices.com 

All shipments are delivered to the address indicated on the identification form. It is important for the Client to verify the delivery address listed on the order confirmation and ensure that the contact details provided are valid and the contact is available. 

The Provider is not responsible for an entry error when identifying the recipient that makes delivery impossible (wrong address, etc.). If the Provider cannot intervene to correct the entry error leading to the return of the goods to the logistics base, the

cost of reshipment and return fees are charged to the Client. If the Client refuses, the goods are kept by the Provider. 

In the event of the Client's absence at the time of delivery, the package is deposited at the nearest withdrawal point to the delivery address. The Client is informed by email, or another means, of the relay point address where the package was deposited. The client has a 15-day period to retrieve it, after which it may be returned. 

The Provider cannot be held responsible for a return due to an unclaimed package at the relay point. Reshipment and return fees are charged to the Client. In case of refusal, the goods are kept by the Provider. 

Delivery fees vary depending on the number of bottles, bottle format, unit price of bottles, type of bottle packaging (carton, wooden crate, etc.), and the selected destination country/state. 

8.1.1 - The products offered for sale on the Site are produced and marketed in accordance with current French standards. 

8.1.2 - Delivery times displayed by the Provider at the time of validating the order are an estimate for information purposes and do not bind the Provider. The estimated delivery time is counted in working days (Monday to Saturday, excluding public holidays). 

8.1.3 - Each order is delivered to a single address. 

Article 9 - REPLACEMENT INSURANCE 

A standard replacement insurance is applied to all shipments, whether national, EU, non-EU, and for any type of packaging such as 6 bottles, 12 bottles, magnums, wooden crates, etc. It applies in the event of damage or loss of the package. 

The insurance cap varies depending on the type of packaging: 

● Packaging of 6 bottles or 3 magnums: €200 

● Packaging of 12 bottles or 6 magnums: €350 

Usage cases: 

● A package of 12 bottles valued at €300 is covered by the replacement insurance for partial or total damage. 

● A package of 12 bottles valued at €600 is covered by the replacement insurance up to €350, whether it is for damage to a single bottle valued at €350 or several bottles totaling no more than €350. 

The Provider replaces the damaged bottle and reships it at their expense. If the bottle is no longer available, a refund at market value is offered.

An additional insurance representing 1.35% of the value of the goods is offered for purchases exceeding the cap, guaranteeing total replacement in case of damage or loss of the package. The conditions are the same in case of loss of the package. 

For packaging in wooden crates, whether 6 flat, 2x3, or 12 bottles, the Seller must ensure that the bottles are secured inside the wooden crate, meaning they should not move around to avoid hitting the lid and increasing the risk of breakage. 

Article 10 - LIABILITY – FORCE MAJEURE 

The contractual obligations of the Seller will be automatically suspended and their liability released in the event of a force majeure event (as defined by Article 1218 of the Civil Code and by case law) that could prevent the delivery of Products. If the situation persists beyond one month from the order date, the Client has the option to cancel the order. The Client will be fully refunded (including delivery charges, duties, and customs fees). 

Furthermore, the Seller cannot be held responsible for an interruption in connection, server failure, electrical problems, or other issues related to the Internet network. Finally, the Seller's liability cannot be engaged if the delivered Products are stored or consumed/used under abnormal or incompatible conditions with their nature. 

Article 11 - RIGHT OF WITHDRAWAL 

11.1 - Notification to the Seller of the decision to withdraw 

The Client has the right to withdraw without having to provide reasons or pay penalties. This withdrawal period expires fourteen (14) clear days after the day the Client, or a third party other than the Provider designated by the Client, takes physical possession of the Products. 

If the Client orders multiple products in one order, or if the delivery of the Products is carried out in several parts, the withdrawal period does not begin until the Client, or a third party other than the Provider, takes physical possession of the last Product or the last part of the delivery. 

To exercise the right of withdrawal, the Client must send a clear statement of their decision to withdraw to the Seller within the specified period, by: (i) postal mail to the Seller's postal address indicated on the invoice 

(ii) email to the Seller's email address indicated on the invoice 

11.2 - Returning the products subject to withdrawal 

Following the communication of the decision to withdraw, the Client must return the complete, unopened, and unconsumed products in their original packaging designed specifically for wine transport. The return should include the return form or a copy of 

the invoice to allow the Seller to identify the origin of the returned products. The return must occur without undue delay and no later than fourteen (14) days after you

communicate your decision to withdraw. 

The return must be made to the Seller's address visible on the invoice. 

If the products are not returned within fourteen (14) days after the Client communicates their decision to withdraw, no refund can be processed. 

The costs and risks of returning the product(s) remain the responsibility of the Client. If the product(s) are depreciated due to handling other than what is necessary to establish their nature, characteristics, and proper functioning, the Client may be held liable. 

11.3 - Refund of the products subject to withdrawal 

The Seller will refund all sums paid, excluding initial delivery costs. Unless the Client agrees to another form of refund, the reimbursement is made using the initial payment method used by the Client during the order, without undue delay and, in any event, no later than fourteen (14) days from the day the Seller is informed of the decision to withdraw. The refund may, however, be delayed until the effective recovery of the returned Products or until the Client provides proof of shipment of the Product, whichever is earlier. 

The Client is informed that the right of withdrawal cannot be exercised for (i) Products that have been opened or unsealed after delivery and cannot be returned for hygiene or health protection reasons, and (ii) orders for Products that have been personalized or specifically requested by the Client during the order. 

Article 12 - LEGAL WARRANTIES IN CASE OF PRODUCT SALES It is reminded that the Products must be stored, handled, and consumed according to the general rules applicable to alcoholic beverages and in accordance with the uses and any instructions accompanying the Product or appearing on the Site. Moreover, their consumption must occur within an appropriate timeframe according to their nature and characteristics. 

It is also recalled that the Client benefits from the legal warranty of conformity provided for in Articles L. 217-3 to L. 217-17 of the Consumer Code and from the warranty concerning defects in the sold goods under the conditions provided for in Articles 1641 to 1648 of the Civil Code. 

If the delivered Products are not in conformity with the ordered Products, or if they have hidden defects, the Client is invited to contact the Seller within 72 hours of receiving the order to notify them of the non-conformity or hidden defects of the Product(s). 

The Seller acknowledges receipt of the request and informs the Client of the procedure to follow. Upon receiving instructions from the Seller, the Client must

return the non-conforming Product(s) or those with a hidden defect to the address that will be indicated. 

The Product(s) must be returned at the Seller's expense, complete, unconsumed, and unopened (except in the case of a hidden defect), in their original intact packaging (except in the case of a hidden defect), and, as far as possible, accompanied by their original packaging. The packaging and mode of transport must be perfectly adapted to the Products to guarantee their integrity. To facilitate identification of the return, it must be accompanied by the return slip and a copy of the invoice. 

Article 13 - Promotional Codes 

Promotional codes cannot be exchanged for cash, used together with one another, reused in another transaction, or used fractionally across multiple orders. The Seller reserves the right to invalidate any promotional code used or applied in violation of the aforementioned requirement. 

Article 14 - NON-WAIVER 

The fact that the Seller does not enforce any of the provisions of the Terms and Conditions at any given time cannot be interpreted as a waiver by the Seller to enforce them later. 

Article 15 - INTELLECTUAL PROPERTY 

No part of the Site may be reproduced or stored on another Internet site or included in any public or private data extraction system without the prior written permission of the Publisher and the Designer of the Site. 

15.2 - The purchase of a Product does not confer any rights to the Client on the names, trademarks, or labels of the Product. It is strictly forbidden to use the Products or trademarks distributed by the Seller for advertising or communication purposes. 

Article 16 - PRIVACY POLICY 

All personal information about the Client communicated during the use of the Site, including personally identifiable information collected during any registration or order process, is subject to the Site's Privacy Policy, which is an integral part of these General Conditions of Sale and is accessible at the bottom of each page of the Site. 

Article 17 - PROOF, STORAGE, AND ARCHIVING OF TRANSACTIONS Computerized records, kept in the Seller's computer systems under reasonable security conditions, will be considered proof of communications, orders, and payments made. The archiving of order forms and invoices is carried out on a reliable and durable medium, in accordance with legal provisions. 

Article 18 - LANGUAGE OF THE TERMS AND CONDITIONS 

The Terms and Conditions have been written in French and then translated into English. 

Only the French version shall be deemed authentic in case of dispute, especially in

case of mediation (or any other alternative dispute resolution method) or before a court. 

Article 19 - DISPUTES - APPLICABLE LAW 

These General Conditions of Sale are subject to French law. 

In case of a dispute, and after having previously contacted the Seller, the Client may initiate a conventional mediation procedure in accordance with the provisions of Article L. 612-1 of the Consumer Code. 

The Client is also free to use the online dispute resolution service offered by the European Commission. 

In the absence of an amicable agreement between the parties, any dispute arising from the formation, interpretation, or execution of these General Conditions of Sale or any order will be subject to the jurisdiction of the French courts. 

Article 20 - PRODUCT STORAGE 

The Seller is in no way responsible for defects that may affect the Products purchased from them, caused by improper storage or handling of the Products by the Client. 

It is the responsibility of the Client to ensure proper storage of the Products, in a suitable location.